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HYDE CONSTRUCTION COMPANY v. KOEHRING COMPANY

No. 71-1759.

455 F.2d 337 (1972)

HYDE CONSTRUCTION COMPANY, Inc., Plaintiff-Appellee-Cross Appellant, v. KOEHRING COMPANY, Defendant-Appellant-Cross-Appellee. Vardaman S. DUNN, Plaintiff-Appellee-Cross Appellant, v. KOEHRING COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

February 10, 1972.

Attorney(s) appearing for the Case

Dan H. Shell, Scott Tennyson, Jackson, Miss., for Koehring Co.; Satterfield, Shell, Williams & Buford, Tennyson & Britt, Jackson, Miss., of counsel.

Vardaman S. Dunn, W. E. Suddath, Jr., Jackson, Miss., for plaintiffs-appellees; Watkins & Eager, Cox & Dunn, Ltd., Jackson, Miss., of counsel.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

This is an interlocutory appeal and cross-appeal allowed under 28 U.S.C.A. § 1292(b) to settle a discovery problem which lies at the heart of a pending controversy. It is indeed that rare case where the issue presented in the context of discovery and a foreordained trial of unusual length, involves a controlling question of law and where an immediate appeal may materially advance the ultimate termination...

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